High Court overturns community treatment order

The High Court in Suva has overturned a decision by the Suva Magistrate Court to release Samuela Tawase under a compulsory community treatment order.

Tawase, who was found not guilty by reason of unsoundness of mind after entering a temple on July 4, 2025, and damaging property and articles of worship, appeared before Justice Daniel Goundar today for the ruling.

The review questioned whether Resident Magistrate Yogesh Prasad had the legal authority to impose a compulsory community treatment order under the Mental Health Act.

In his ruling, Justice Goundar found that Magistrate Prasad did not have the legal authority to release Tawase, as Section 105(2) of the Criminal Procedure Act 2009 requires a person in these circumstances to be confined in a mental hospital, prison, declared mental health facility or another legally suitable place for safe custody.

The court noted that psychiatric evidence showed Tawase had schizophrenia and was experiencing an acute psychotic relapse at the time. He was experiencing command hallucinations and believed he had to destroy the temple.

Although the finding of not guilty by reason of unsoundness of mind was not challenged, the court found that the family home did not qualify as a place of rehabilitation.

Justice Goundar said family supervision may be important for treatment, but it could not replace the legal requirement for confinement.

The court also ruled that compulsory community treatment orders must be made under the Mental Health Act 2010 by authorised medical or healthcare authorities.

Justice Goundar said a magistrate could not impose such orders simply because they were recommended by medical professionals.

The court therefore cancelled the Magistrates Court orders. Tawase has instead been committed to St Giles Psychiatric Hospital for confinement, assessment, treatment, care and management.